Citation : 2013 Latest Caselaw 2246 ALL
Judgement Date : 16 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- U/S 482/378/407 No. - 4851 of 2010 Petitioner :- Amit Singh Respondent :- The State Of U.P And Another Petitioner Counsel :- Hari Om Dwivedi,Subodh Awasthi Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
List is revised.
Learned counsel for the applicant is not present.
Heard learned A.G.A.
This application has been filed with a prayer to quash the order dated 11.11.2010 passed by learned A.C.J.M.-V, Harodi in complaint case No. 5972 of 2010 whreby the learned Magistrate concerned has rejected the final report, the protest petition has been treated as a complaint.
From the perusal of the record it appears that in the present case the final report has been submitted by the I.O. in case crime No. 36 of 2010 under section 376, 506 IPC and section 3(2)V SC/ST Act, P.S. Sandi, District Hardoi, the same has been protested by the complainant, the learned Magistrate has treated the protest petition as a complaint and the complainant has been directed to appear before the court concerned for recording the statement under section 200 Cr.P.C. vide order dated 23.7.2010. The order dated 23.7.2010 is not suffering from any illegality, The prayer for quashing the same is refused.
Interim order dated 8.12.2010 is hereby vacated.
Accordingly this application is dismissed.
Order Date :- 16.5.2013
RPD
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